United States v. Moreno

I dissent.

There is not a great deal which can be added to the views expressed in my earlier opinion in this case, United States v Moreno, 5 USCMA 500, 18 CMR 124. All we accomplished by our previous holding was to delay the final day of reckoning. In its opinion presently before us, the board of review candidly acknowledged that the ruling we asked it to make was one that we should have made in the first instance. It said:

“The truth is that the basis of our decision may be either fact or law or it may partake of each or both. Certain it is, as the dissenting Judge has so forcibly indicated,…